The repair of damage caused by crime in Brazilian law. Development after the return to democracy (1985) and present situation

Abstract

In the first part of this paper a study has been made of the historical evolution, and in the second part of the current system, which requires significant reforms to adapt to present-day needs. A detailed study is made of constitutional, criminal and procedural regulations, as well as of the activity of the judicial bodies in charge of administering the system. The “reparative fine” created in the draft of the Criminal Code of 1981 has not been included in the new General Part of the Criminal Code 1984, but was included in the Brazilian Transit Code in its Article 297. The basic laws of the Federal Constitution of 1988 referring to the obligation of repairing damages are found in Art. 5, V, X and XLV. As far as the implementation of what has been established in a pioneering initiative by Brazilian law is concerned, the difficulties are presented, especially the slowness of the Brazilian justice as a consequence of an excessive accumulation of processes.